Common use of CONSULTATION AND ARBITRATION Clause in Contracts

CONSULTATION AND ARBITRATION. (a) The parties hereto agree that they shall attempt to resolve in good faith disputes arising in connection with this Agreement. A dispute shall be referred by a party for consultation between the parties by delivering written notice to the other party briefly stating the nature of the dispute and requesting consultation. (b) In the event that, upon the expiration of thirty (30) calendar days after receipt of the notice referred to in subsection (a) of this SECTION 11.11, the parties are unable to resolve the matter in dispute, and if the matter relates to any alleged breach of any representations, warranty, agreement, covenant or understanding in this Agreement, then the dispute shall be resolved in the manner provided in subsection (c) of this SECTION 11.11. (c) Any dispute with respect to an alleged breach of any representation, warranty, agreement or covenant in this Agreement, including any dispute relating to the construction or interpretation of the rights and obligations of any party, which is not resolved through consultation as provided in subsection (a) and (b) of this SECTION 11.11, shall be resolved by an arbitration proceeding conducted in accordance with the following: (i) The arbitration proceeding shall be governed by the rules of the International Chamber of Commerce; (ii) The arbitrators shall be qualified by education and training to pass upon the particular matter to be decided; (iii) There shall be three (3) arbitrators, one of whom shall be selected by the party seeking to initiate arbitration, one by the other party and the third by the two arbitrators so selected; (iv) The arbitration proceeding shall take place in San Francisco, California where the arbitration proceeding is initiated by the Selling Stockholders, and in Singapore where the arbitration proceeding is initiated by the Purchaser. (v) The parties shall endeavor to agree in advance as to the manner in which the arbitration panel shall promptly hear witnesses and arguments, review documents and otherwise conduct the arbitration proceedings. Both parties shall receive notice of the subject of the arbitration and the arbitration shall not be binding on the parties with respect to any matters not specified in such notice. Should the parties fail to reach an agreement as to the conduct of such proceedings, the arbitration panel shall formulate its own procedural rules and promptly commence the arbitration proceedings; (vi) The arbitration proceedings shall be conducted as expeditiously as possible with due consideration for the complexity of the dispute in question. The arbitration panel shall issue its decision in writing within fifteen (15) calendar days from the hearing of final arguments by the parties; (vii) The arbitration award shall be given in writing and shall be final and binding on the parties with respect to the subject matter identified in the notice called for by subsection (c)(v) of this SECTION 11.11, and not subject to any appeal and shall deal with the question of costs of arbitration; (viii) Judgment upon the award may be entered in any court having jurisdiction, or application may be made to such court for a judicial recognition of the award or an order of enforcement thereof, as the case may be; (ix) The parties shall not submit a dispute subject to subsection (c) of this SECTION 11.11 to any United States, federal, state, local or foreign court or arbitration association except as may be necessary to enforce the arbitration procedures of this subsection (c) of this SECTION 11.11 or to enforce the award of the arbitration panel, and if court proceedings to stay litigation or compel arbitration under the Federal Arbitration Act (Title 9, U.S.C.) or similar state or foreign legislation are necessary, the party who unsuccessfully opposes such proceedings shall pay all associated costs, expenses and attorneys' fees which are reasonably and actually incurred by the other party; and (x) The parties shall keep confidential the arbitration proceedings and the terms of any arbitration award, except as may be otherwise required by law.

CONSULTATION AND ARBITRATION. (a) The parties hereto agree that they Periodically, the Joint Authority and the contract operator shall attempt meet to resolve in good faith disputes discuss the conduct of petroleum operations under this contract and shall make every effort to settle amicably any problems arising in connection with therefrom. Disputes, if any, arising between the Joint Authority and contractor relating to this Agreement. A dispute contract or the interpretation and performance of this contract which cannot be settled amicably shall be referred submitted to arbitration. Except as may be otherwise agreed by a party for consultation between the parties by delivering written notice to the other party briefly stating the nature of the dispute and requesting consultation. (b) In the event thatParties, upon the expiration of thirty (30) calendar days after receipt of the notice referred to in subsection (a) of this SECTION 11.11, the parties are unable to resolve the matter in dispute, and if the matter relates to any alleged breach of any representations, warranty, agreement, covenant or understanding in this Agreement, then the dispute arbitration shall be resolved in the manner provided in subsection (c) of this SECTION 11.11. (c) Any dispute with respect to an alleged breach of any representation, warranty, agreement or covenant in this Agreement, including any dispute relating to the construction or interpretation of the rights and obligations of any party, which is not resolved through consultation as provided in subsection (a) and (b) of this SECTION 11.11, shall be resolved by an arbitration proceeding conducted in accordance with the following: (i) The arbitration proceeding shall be governed by the rules Rules of Arbitration of the International Chamber of Commerce; (ii) . The Joint Authority on the one hand and the contractor on the other hand shall each appoint one arbitrator and so advise the other Party, and these two arbitrators shall appoint a third. If either Party fails to appoint an arbitrator within thirty (30) days after receipt of a written request to do so, such arbitrator shall, at the request of the other Party, if the Parties do not otherwise agree, be qualified appointed by education and training the President of the International Chamber of Commerce. If the first two arbitrators appointed as aforesaid fail to pass upon agree on a third within thirty (30) days following the particular matter appointment of the second arbitrator, the third arbitrator shall, if the Parties do not otherwise agree, be appointed, at the request of either Party, by the President of the International Chamber of Commerce. If an arbitrator fails or is unable to be decided; (iii) There act, that arbitrator's successor shall be three (3) arbitrators, one appointed in the same manner as the arbitrator who is replaced. The decision of whom shall be selected by the party seeking to initiate arbitration, one by the other party and the third by the two arbitrators so selected; (iv) The arbitration proceeding shall take place in San Francisco, California where the arbitration proceeding is initiated by the Selling Stockholders, and in Singapore where the arbitration proceeding is initiated by the Purchaser. (v) The parties shall endeavor to agree in advance as to the manner in which the arbitration panel shall promptly hear witnesses and arguments, review documents and otherwise conduct the arbitration proceedings. Both parties shall receive notice a majority of the subject of the arbitration and the arbitration shall not be binding on the parties with respect to any matters not specified in such notice. Should the parties fail to reach an agreement as to the conduct of such proceedings, the arbitration panel shall formulate its own procedural rules and promptly commence the arbitration proceedings; (vi) The arbitration proceedings shall be conducted as expeditiously as possible with due consideration for the complexity of the dispute in question. The arbitration panel shall issue its decision in writing within fifteen (15) calendar days from the hearing of final arguments by the parties; (vii) The arbitration award shall be given in writing and arbitrators shall be final and binding on the parties with respect to the subject matter identified in the notice called for by subsection (c)(v) of this SECTION 11.11, and not subject to any appeal and shall deal with the question of costs of arbitration; (viii) Judgment upon the Parties and an award may be entered enforced in any court having jurisdiction, or application may be made to such court jurisdiction for a judicial recognition that purpose. In accordance with paragraph 2 of Article 11 of the Treaty, in the event that the Joint Authority cannot meet an obligation under an arbitral award or an order of enforcement thereof, as the case may be; (ix) The parties shall not submit arising from a dispute subject under this contract, the Contracting States shall contribute the necessary funds in equal shares to subsection enable the Joint Authority to meet that obligation. The place of arbitration shall be (c) of this SECTION 11.11 to any United States, federal, state, local or foreign court or arbitration association except as may be necessary to enforce agreed by the arbitration procedures of this subsection (c) of this SECTION 11.11 or to enforce Parties before the award contract is signed). The language of the arbitration panel, and if court proceedings shall be (to stay litigation or compel arbitration under the Federal Arbitration Act (Title 9, U.S.C.) or similar state or foreign legislation are necessary, the party who unsuccessfully opposes such proceedings shall pay all associated costs, expenses and attorneys' fees which are reasonably and actually incurred be agreed by the other party; and (x) The parties shall keep confidential Parties before the arbitration proceedings and the terms of any arbitration award, except as may be otherwise required by lawcontract is signed).

CONSULTATION AND ARBITRATION. (a) 16.1 The parties hereto agree that they Parties shall attempt make their best efforts to resolve in good faith disputes settle amicably through consultation any dispute arising in connection with the performance or interpretation of any provision hereof. 16.2 Disputes arising between the DEPARTMENT and CONTRACTOR relating to this Agreement. A dispute Contract or the interpretation and performance of any of its clauses, which cannot be settled amicably, shall be referred settled by a party for consultation between the parties by delivering written notice to arbitration. The DEPARTMENT and CONTRACTOR shall each appoint one arbitrator and so advise the other party briefly stating the nature of the dispute and requesting consultation. (b) In the event that, upon the expiration of Party within thirty (30) calendar days after receipt of a written request to do so. Such two arbitrators shall appoint a third arbitrator. If either Party fails to appoint an arbitrator within thirty (30) days after receipt of a written request from the notice referred other Party to in subsection (a) of this SECTION 11.11do so, the parties are unable to resolve the matter in dispute, and if the matter relates to any alleged breach of any representations, warranty, agreement, covenant or understanding in this Agreement, then the dispute such arbitrator shall be resolved in appointed, at the manner provided in subsection (c) of this SECTION 11.11. (c) Any dispute with respect to an alleged breach of any representation, warranty, agreement or covenant in this Agreement, including any dispute relating to the construction or interpretation request of the rights and obligations of any partyother Party, which is not resolved through consultation as provided in subsection (a) and (b) of this SECTION 11.11, shall be resolved by an arbitration proceeding conducted in accordance with the following: (i) The arbitration proceeding shall be governed by the rules President of the International Chamber of Commerce; . If the first two arbitrators appointed as aforesaid fail to agree on a third arbitrator within thirty (ii30) The arbitrators days after receipt of a written request from the other Party to do so, such third arbitrator shall be qualified appointed, at the request of either Party, by education and training the President of the International Chamber of Commerce. If an arbitrator fails or is unable to pass upon act, his successor will be appointed in the particular matter to be decided; (iii) There same manner as the arbitrator whom he succeeds. Unless the Parties agree otherwise, the Philippines shall be three (3) arbitrators, one the venue of whom shall be selected by the party seeking to initiate arbitration, one by the other party and the third by the two arbitrators so selected; (iv) The arbitration proceeding shall take place in San Francisco, California where the arbitration proceeding is initiated by the Selling Stockholders, and in Singapore where the arbitration proceeding is initiated by the Purchaser. (v) The parties shall endeavor to agree in advance as to the manner in which the arbitration panel shall promptly hear witnesses and arguments, review documents and otherwise conduct the arbitration proceedings. 16.3 The English language shall be the official language to be used in the arbitral proceedings. Both parties All hearing materials, statement of claim or defense, award and the reasons supporting them shall receive notice be written in English. 16.4 The decision of a majority of the subject of the arbitration and the arbitration shall not be binding on the parties with respect to any matters not specified in such notice. Should the parties fail to reach an agreement as to the conduct of such proceedings, the arbitration panel shall formulate its own procedural rules and promptly commence the arbitration proceedings; (vi) The arbitration proceedings shall be conducted as expeditiously as possible with due consideration for the complexity of the dispute in question. The arbitration panel shall issue its decision in writing within fifteen (15) calendar days from the hearing of final arguments by the parties; (vii) The arbitration award shall be given in writing and arbitrators shall be final and binding on upon the parties with respect to the subject matter identified in the notice called for by subsection (c)(v) of this SECTION 11.11, and not subject to any appeal and shall deal with the question of costs of arbitration; (viii) Parties. Judgment upon the award rendered may be entered in any court having jurisdiction, jurisdiction or application may be made to such court for a judicial recognition acceptance of the award or and an order of enforcement thereofenforcement, as the case may be;. (ix) The parties 16.5 Except as provided in this Section XVI, arbitration shall not submit a dispute subject to subsection (c) be conducted in accordance with the Rules of this SECTION 11.11 to any United States, federal, state, local or foreign court or arbitration association except as may be necessary to enforce the arbitration procedures of this subsection (c) of this SECTION 11.11 or to enforce the award Arbitration of the arbitration panelInternational Chamber of Commerce, and if court proceedings then in effect. 16.6 The right to stay litigation arbitrate disputes under this Contract shall survive the termination or compel arbitration under cancellation of the Federal Arbitration Act (Title 9, U.S.C.) or similar state or foreign legislation are necessary, the party who unsuccessfully opposes such proceedings shall pay all associated costs, expenses and attorneys' fees which are reasonably and actually incurred by the other party; and (x) The parties shall keep confidential the arbitration proceedings and the terms of any arbitration award, except as may be otherwise required by lawContract.